State settles with ALF operator who evicted 15 elderly residents

The assisted living facility operator who evicted 15 elderly residents in March, many with dementia and Alzheimer’s, will pay the state $7,500 for her actions.

The initial fine the Agency for Health Care Administration imposed was $12,500, but the decision was appealed and the case was settled before a judge was due to write the final order, according to documents obtained by the Bradenton Herald.

ALF operator Nancy Cushman provided residents and their loved ones with just three days’ notice after she was being evicted for several months of nonpayment of rent at her former Rudy’s Agape House.

In light of oversight and transparency issues relating to the tragic deaths of more than a dozen elderly residents in a Hollywood nursing home after Hurricane Irma knocked out power, Gov. Rick Scott’s office communicated with AHCA about this case.

AHCA communications director Mallory McManus responded by saying the agency, as well as the Department of Children and Families, worked with the loved ones of the evicted residents to get them relocated, “and all residents were safely relocated.”

When asked why AHCA settled the case, McManus said, “It is entirely incorrect to say that the agency took no action against this operator. The agency takes very seriously the safety of all patients and will hold those health care facilities who fail to do so accountable.”

Both AHCA and DCF launched independent investigations following Cushman’s initial actions and after it was revealed that Cushman was planning to open a new facility under a new license since May 2016. She stopped making payments to her landlord later that year and an eviction procedure was taken against her, which came to fruition three days before Cushman informed the residents they had to leave.

Cushman never told the residents or their loved ones of the eviction proceedings or that she was planning to relocate to a smaller facility. She also never told them that the eviction order was only for her, and that the landlord had another licensed operator ready to care for the residents.

The DCF opened an adult protective services investigation, but closed the case in June with unsubstantiated findings. DCF definitions note that an unsubstantiated finding means there was evidence, but not of a preponderance nature.

AHCA reviewed the case for policy violations, and that led to the initial fine and subsequent settlement. In the meantime, Cushman continues to operate her new facility at 2104 55th Ave. W. under the 2016 license for Rudy’s Agape House II.

“Like we do with all facilities, AHCA will continue to monitor this new facility and will hold this operator to our high standards of care,” McManus said.

Inspection reports on AHCA’s website show no issues, but it also shows that the new facility has not been inspected except at its opening and one other time shortly after it opened. Many of the residents who were forced out by Cushman had to have their belongings fumigated for bed bugs before being allowed entry into new facilities.

It is the fourth time Cushman has been fined. She was fined three times from 2007 to 2011 totaling close to $3,000.

Cushman’s $7,500 settlement is for not providing residents or family members with the required amount of time to find a new facility, and for failing to notify AHCA of the intent to close a license. Cushman surrendered her first license the day she began evicting the elderly. Cushman was required to notify AHCA 30 days prior and was required to notify residents 45 days prior to terminating residency.

The settlement absolves Cushman from admitting guilt, but does allow AHCA to use it against Cushman in future administrative actions. She could not be reached Friday for comment.

This story was originally published October 27, 2017 at 6:25 PM with the headline "State settles with ALF operator who evicted 15 elderly residents."